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Leverkusen, August 17, 2018 – In reports appearing in its August 17 edition, and in an advance version on August 16, German magazine WirtschaftsWoche states that farmers in Arkansas and South Dakota have filed new class-action lawsuits over Dicamba in a U.S. district court in St. Louis. This is incorrect: Bayer clarifies that these lawsuits, which are directed not only at Monsanto but also a number of other companies active in the agricultural sector, do not represent a new development. Instead, they have been known about for quite some time, and media from the United States and Germany have already reported on this matter.
The first lawsuit was filed back in November 2016. The proceedings mentioned in the WirtschaftsWoche article have been pending for weeks or even months. Based on the information currently available to Bayer, 37 lawsuits with 181 plaintiffs have been filed in the United States in connection with Dicamba. Monsanto and the other defendants have refuted the allegations made in the lawsuits.
For more information go to www.bayer.com.
Cautionary Statements Regarding Forward-Looking Information
Certain statements contained in this communication may constitute “forward-looking statements.” Actual results could differ materially from those projected or forecast in the forward-looking statements. The factors that could cause actual results to differ materially include the following: the risk that the parties may be unable to achieve expected synergies and operating efficiencies in the merger within the expected timeframes (or at all) and to successfully integrate the operations of Monsanto Company (“Monsanto”) into those of Bayer Aktiengesellschaft (“Bayer”); such integration may be more difficult, time-consuming or costly than expected; revenues following the transaction may be lower than expected; operating costs, customer loss and business disruption (including difficulties in maintaining relationships with employees, customers, clients or suppliers) may be greater or more significant than expected following the transaction; the retention of certain key employees at Monsanto; the parties’ ability to meet expectations regarding the accounting and tax treatments of the merger; the impact of refinancing the loans taken out for the transaction; the impact of indebtedness incurred by Bayer in connection with the transaction and the potential impact on Bayer’s rating of indebtedness; the effects of the business combination of Bayer and Monsanto, including the combined company’s future financial condition, operating results, strategy and plans; other factors detailed in Monsanto’s Annual Report on Form 10-K filed with the U.S. Securities and Exchange Commission (the “SEC”) for the fiscal year ended August 31, 2017, and Monsanto’s other filings with the SEC, which are available at http://www.sec.gov and on Monsanto’s website at www.monsanto.com; and other factors discussed in Bayer’s public reports which are available on the Bayer website at www.bayer.com. Bayer assumes no obligation to update the information in this communication, except as otherwise required by law. Readers are cautioned not to place undue reliance on these forward-looking statements that speak only as of the date hereof.
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